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About malgoode

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  1. No arrears or other charges, always paid on time in full. Just eagerly waiting for the 16 months to pass!
  2. I thought I was good at maths but can anyone explain this to me? I have just 1 year and 4 months left on my mortgage. The mortgage rate has just reduced by 0.25% thus my mortgage rate has also reduced fro 3.75% to 3.50%. My repayments were £357.62 a month but have INCREASED to £378.10. That about 6% INCREASE per month. The mortgage company put a note with their letter saying the increase is because I am near the end of the mortgage term but I really do not understand that. If the rate has gone down surely the repayments should go down too. Can anyone explain this to me please? #confused.
  3. Thank you so much for those links. That information will at least lighten the weight of the problem for my friend's widow. I will try and get her to a solicitor before the funeral if she is emotionally capable. Once again, Thanks.
  4. I don't know if this is the right forum for this - if not perhaps you could direct me to the correct place. My friend recently died following an operation in hospital. He only married his wife (now widow) 3 years and 8 months ago (2008). My friend left a will dated 1999, which was 7 years before he met his wife, but apparently did not alter it (unless a later will has magically disappeared). The will leaves 100% of the estate to his only sister and the executor named is his sisters husband (ie brother-in-law). Thus his widow is left with nothing, neither cash nor property. My friend's widow had now been told (by the brother-in-law executor) to make arrangements to leave the house after the funeral because she has no right to stay there. Clearly, she needs to contest the will and, if possible, the stated executor to obtain at least something from the estate. How should she go about this? I would add that the wife has also, for the past 2 years, been not just a wife but a carer for her late husband when he became disabled. Thanks in advance, Mal.
  5. No confirmation - totally ignored. May or may not have sent signed for (I would have to check my files) but a cashed cheque of the same date as my letter should be proof of receipt. Also, I use Royal Mail online postage which does give proof of payment of postage to the address and a reference number to track that it was actually posted subject to the post office's usual lethargic system. However, even signed for can be a pain to prove - I have found that tracking a signed for to banks sometimes comes up still in process. I think that they must have a way of recieving without signing to cause this. I will send the statute barred letter and also refer them to my letter to Barclays that was ignored. I think they may just be part of Barclays anyway, just using a different hat to bluff me. Unless they both use the same building. Postcodes match both companies.
  6. Thanks for your replies. The letter I sent with the £1 did state "I enclose the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance. Under those circumstances, you must return the fee." They did not supply nor return the cheque. OK - I see your point - Lowells may try to claim that this was a payment but sure Barclays STOLE my £1 by not using it for the purpose it was sent. Surely a court would not stand for this? I am due to check my credit file next month - always do it every 6 months. Again, thanks for your time.
  7. My Last letter to Barclays in December 2009 to which no reply was received. Thay have now recently sold the account to Lowells who are suddenly demanding payment. Letter dated 14 December 2009: I refer to my letter, dated 12th November 2009 which contained formal request pursuant to sections 77 and 78 of the Consumer Credit Act to which you failed to respond direct. Whilst I note that you passed this to customer relations as a complaint, such action failed to address your legal requirement under the above mentioned act. Customer Relations response was to cite the “statute of limitations” which bears no relation to the Consumer Credit Act. To state that the matter is time barred is untrue. Additionally, the statement that I unreasonably postponed the matter cannot be taken seriously when I have been communicating with both your office and a number of others acting on your behalf for the past 4 years. The use of the Consumer Credit Act was my final attempt to get you to take notice and get this matter finally resolved. As I stated in previous letters, many of my requests have been totally ignored without reply. In effect, Customer Relations response is claiming that I am not allowed to have evidence of what the alleged account is for, what payments have been credited to it, what charges have been applied to it and who, if anyone, it has been assigned to. You are expecting payments to be made without any proof of what is happening to those payments and ignoring your legal obligations. In addition, you are processing data about me without giving evidence that you have permission to process that data. The use of the “statute of limitations” in their response appears to be nothing other than attempt to hide the fact that these acts are illegal activities. Additionally, Customer Relations have tried to persuade me that contacting the Financial Ombudsman may be pointless. I put it to you that if, as Customer Relations claim, the account it “time barred” then payments to the account must also be time barred. Unfortunately, Customer Relations do not appear to respect the fact that the Consumer Credit Act and the Data Protection Act have preference over any decision made by themselves or the Financial Ombudsman. In my letter of the 12th November 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment, if any. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement. I reminded you that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974 (as amended). The Consumer Credit Act allows 12 + 2 working days for this request to be carried out before your company entered into a default situation. The time limits have now expired and your company has committed an offence. Therefore, this account is in DISPUTE and no further payment will be made by me to the account as you have failed to comply with a request for a true signed copy of the alleged agreement and other relevant documents mentioned in it. Also you failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974 (as amended). I now require the following from you: • Removal of all defaults and other information regarding this account from all credit reference agencies. Note that this is to be a complete deletion and not merely an amendment. • As required under Section 10 and Section 12 of the Data Protection Act 1998, you are to cease all manual and automatic processing of my data within your company and any other company within or instructed by your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclays Bank or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities regarding your illegal activities under the Consumer Credit Act. I look forward to your reply within 14 days to resolve the matter amicably and without further harassment by yourselves or any third party instructed by you. Yours faithfully,
  8. I am in England. Yes, your dates are correct but letters have been going back and forth which may or may not cancel the statute bar. At one point, long before it could have been statute Barred, Barclays claimed that it WAS statute barred and explained to me that it meant that they did not have to supply proof any more but that I had to pay!!! I am about to post my last letter to them in which you will see this and other "Jokes" they tried to pull the wool over my eyes in an attempt to get my money. At one point, they sent me an undecipherable computer coded "statement" of an account that was held at a local branch. But I have never had an account at that branch! The only Barclays branch I have had an account at is in London 250 mile away.
  9. Thanks for your response. Barclays cashed the £1 cheque which showed on my bank statement. Alliance and Leicester did not give stubs with their cheques but I would hope to get proof from them that it was paid to Barclays if needed. This whole fiasco has been bouncing from company to company for years. Barclays themselves seem to employ either mentally deficient or clowns for their collection operations. The route has been bouncing between Barclays and a number of other companies including Bryan Carter whom I previously issued a CCA. Bryan Carter returned my cheque and directed me back to Barclays who I then sent a CCA in November 2009. Bryan Carter then dropped the case. Barclays continued via 2 departments! Collections and customer relations! I will post details of my final letter to them from 2009 because it explains some of the "Jokes" that Barclays used to try to cover the (probable) fact that they have no records of this account.
  10. Thanks for your response. Notification came from both Barclays and Lowells IN THE SAME ENVELOPE and judging by the addresses they appear to be operating from the same office! Bank loan and last payment many years ago - default was in January 2006 and should have now automatically dropped off my credit report.
  11. I'll try to keep this brief. BARCLAYS BANK. After years of hassle I sent a CCA in 2009. Barclays ignored it but kept my £1 fee. I sent an "in dispute and time expired " letter which was also ignored. Since then, total silence. Now some two and a half years later I have suddenly received notification that the debt has been sold to Lowells who have now sent me 2 letters demanding immediate payment. Does the expired CCA still apply to Lowells or do I have to go thru the whole CCA procedure again for them? Thanks in advance.
  12. I have had bills in the last 12 months but they have all been severely overcharging me. For 2 years (mid 2003 to mid 2005) I had no bills at all (excuse was the company changed ownership) and when I got them they were overcharged and showed over £5000 outstanding. I have without fail paid the DD which covered my use but it has been years of arguing to get to this point where it shows £1500 outstanding. So many mistakes, excuses and apologies. 3 years ago they sent a ghost to test my meter - well it must have been a ghost because no-one called on the appointed day that I know of (I'm always in to answer). Yet the "tester" submitted test results that showed my meter was accurate within allowed limits. Someone got paid for that job! However, the phantom test did make them realise that I had been overcharged for nightime cheap economy 7 being charged at daytime rate. That was sorted in 2007 - so they told me - but in August this year (2010) the same overcharging was found to have continued. The cheek they have got to claim that I should be grateful for reducing my bill when they should not have charged it in the first place. They have no idea of the stress it causes to have a bill of £5000 then another reducing to "only" £3000 and then to be told that they will be taking £400 a month from me when that is almost my total income. At least it is down to £1500 now but £200 a month will still make it impossible to live. If all they can do is go to the county court I am happy for that to happen becasue no judge will make me pay so much that I have no money left to live on. and I may even get a reduction if I'm lucky once I show all the complaint letters that I have written over the past 7 years.
  13. Trying to keep a long story short (7 years long!). Atlantic Electricity - I was paying £100 a month, they demand £200 a month. I increased to £135 a month which is the most I can afford but they are demanding £200 or else "regrettably our collections procedure will continue". What can they do if I only pay the £135 a month. 7 years of hell - more than 2 years without a bill even with meters being read and when eventually received 4 years ago there were many thousands of pounds of overcharging (partly due to economy 7 nightime rate being charged at full rate). 4 years of stress and fighting they eventually gave me a "correct" bill for £3500 outstanding. I still complained that my £100 per annum loyalty discount had not been applied. Yet again they went thru my bill and still found errors amounting to a further £2000 thus reducing it to £1600. This years loyalty discount still had not been applied so I pointed this out and suggested that they wipe off all of the oustanding amount to compensate me for the stress I encountered over that last 7 years from them. They replied ". As we have already cleared a total of £2026.08, we feel this is adequate for the errors made." (they reduced the bill by the amount that they should not have charged in the first place!) Always by DD, I was paying £100 a month. They attempted to take £400 a month so I cancelled the DD. I increased to £135 a month manual payment but they are still insisting on £200 for 4 years. I am a pensioner disabled with COPD and live on £89.57 a week state pension plus a small private pension of £30 a week. £200 a month for 4 years is impossible to acheive. If I continue to just pay £135 what can they do to me? I suggested that they take me to court becasue I believe that a court would set a fairer amount but they ignore my suggestion and simply say "our collections procedure will continue" which doesn't tell me much. Can they cut me off (especially at wintertime) or can they simply go to court? Theres more, much more - including lots of lies from them - but this posting is long enough already.
  14. I had a MBNA credit card debt of over £13,000 and eventually did a deal with them. It took around 3 years of haggling but eventually they came round. I paid nothing during the haggling. I work on the principle that if an IVA can reduce a debt to 25%, then the creditor may be better of to accept 30%. I offered MBNA £4000 to clear the debt. They originally responded by requesting 70%. I always responded to their letters with the same 30% offer. More than 2 years passed with their continued rejections gradually reducing the required amount and my continued 30% offers. Eventually, they accepted my offer of £4000 and I paid with the wife's help of her credit card which I am now paying faithfully. After all, £4000 is easier to pay than £13000. I wiped out £9000. It worked for me but I cannot guarantee that it will work for you. You lose nothing by trying but you do need to be able to pay the reduced amount in full by one way or another. If you need to continue with monthly payments, you wont get a reduction. Having said that, I have had 4 other creditors wipe the debt off completely and even mark my credit record as satisfied. So if you persevere, you can at least reduce your total debts without using an agency provided that you think logically.
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